DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/573)

CAPRICE NOMINEES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2017

Application for approval of the Caprice Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Caprice Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2017. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 between Caprice Nominees Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement sought to establish terms and conditions of employment for concrete sawing and drilling workers. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement had been made genuinely by the parties, whether the agreement covered all employees within its scope, and whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

The Fair Work Commission found that the agreement had been genuinely made by the parties, that it covered all employees within its scope, and that it contained the necessary minimum terms and conditions. The court also found that the agreement was in the best interests of the employees, as it provided adequate protections and benefits. The commission approved the agreement, noting the importance of the terms and conditions in ensuring fair and safe working conditions for the employees. The approval of the agreement was a significant step in formalising the employment conditions for concrete sawing and drilling workers in the specified industry.

The final orders of the Fair Work Commission were that the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 between Caprice Nominees Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) be approved as meeting the requirements of the Fair Work Act 2009. The agreement was to be registered and in force from the date of the decision, providing a clear and enforceable framework for the terms and conditions of employment for the workers in the concrete sawing and drilling industry.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established